White v. Environmental Protection Agency
- Laura Swain
- 1:22-cv-06128
- U.S. District Court · Southern District of New York
- 4
In White v. Environmental Protection Agency, Judge Swain transferred the Clean Water Act case from New York to New Jersey.
Shawn White’s case was moved from the Southern District of New York to the District of New Jersey. The New Jersey court was left to decide whether he could proceed without prepaying fees; the New York court denied permission to appeal without prepaying fees.
What happened
Shawn White, representing himself, sued the Environmental Protection Agency and other named defendants after alleging that water exposure at a hotel in South Hackensack, New Jersey, injured his skin. He sought money damages under the Clean Water Act.
The court explained that the alleged events and apparent water source were in New Jersey. Although venue might also have been proper in New York, the court found that New Jersey appeared more convenient because the events occurred there and relevant witnesses and documents were likely there.
The court transferred White v. Environmental Protection Agency to the U.S. District Court for the District of New Jersey under the federal transfer statute, and Judge Laura Taylor Swain closed the case in New York. The court also denied permission to appeal without prepaying fees.
The detailed version
- White v. Environmental Protection Agency · No. 1:22-cv-06128
- Laura Swain
- July 22, 2022
Background
Shawn White, proceeding without a lawyer, brought this action against the Environmental Protection Agency; Bergen County, New Jersey; Baltimore County, Maryland; EPA Region 2; EPA Region 3; and EPA National Organization. White alleged that, while staying at the Knights Inn in South Hackensack, New Jersey, he was exposed to water that made his skin “extremely dry, discolored, itchy and irritated.” He sought money damages and invoked federal-question jurisdiction and the Clean Water Act.
Venue Analysis
The court reviewed the general federal venue rules, which generally allow a civil action to proceed where defendants reside, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. The court noted that the defendants had addresses in several states and that it was unknown where they resided. The court assumed venue might be proper in the Southern District of New York under the defendant-residence rule.
The court also explained that the Clean Water Act has a specific venue provision for certain claims involving a discharge source: the action may be brought only in the district where the source is located. Because White alleged that the relevant exposure occurred in Bergen County and the apparent water source was in South Hackensack, the court concluded that venue for the Clean Water Act claim would be proper in New Jersey rather than New York.
Transfer and Disposition
Under 28 U.S.C. § 1404(a), a court may transfer a case to another district where it could have been brought when doing so would serve the convenience of the parties and witnesses and the interests of justice. The court found transfer appropriate because the underlying events occurred in New Jersey, at least two defendants appeared to reside there, and relevant documents and witnesses could reasonably be expected to be there.
The court ordered the Clerk of Court to transfer the action to the United States District Court for the District of New Jersey. It stated that the transferee court would decide whether White could proceed without prepaying fees, directed that no summons issue from the Southern District of New York, and ordered that the New York case be closed. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.